Pensions - Automatic Enrolment

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The law regarding work Pensions has recently changed and whether you are an employer or employee, it might throw up a number of issues. It means that every employer with at least one member of staff needs to enroll those who are eligible into a workplace pension scheme and contribute towards it.

It is referred to as Automatic Enrolment because it is automatic for employees. It is however not automatic for the employer. The employer must take steps to ensure eligible staff arte enrolled into a Pension Scheme. Even if there is a Pension Scheme in place, a check must be made as to whether it is suitable for Automatic Enrolment. The Employer must complete a Declaration of Compliance.

Staff are those who are paid via a payroll. The employee is assessed based upon age and earnings. Every employee must be automatically enrolled if they are not already in one, aged between 22 and State Pension Age, earn more than £10,000 per annum and work in the UK. It is against the law to try and influence an employee into opting out of the pension scheme

The simple truth is that if an employer employs just one employee, they are covered by the legal obligations imposed upon the employer, This extends to an individual who employs, for example, a care or personal assistant. If however the employer has no staff other than directors, Automatic Enrolment may not be applicable.

An eligible jobholder who does not want to join the employer’s Pension Scheme can opt out after automatic enrolment. If an Employee opts out within one month of being automatically enrolled, the employee will be treated as having never joined and any monies taken from the employee will be refunded An opt out normally lasts for three years and the employer is under a duty to automatically enroll that employee into the scheme at a later date, at which point the employee can opt out once again.

There are minimum levels of contributions that must be paid to the pension by both the employer and the employee, though these limits are set to increase between now and 2018. The government will also pay into the pension by giving tax relief on the contributions. The minimum total contribution to the scheme is based upon ‘qualifying earnings.’ This refers to earnings before income tax and National Insurance contributions are deducted. The minimum total contribution is a percentage of the qualifying income. The employer will initially pay 1%, rising to 2% and then 3%. The employee pays 0.8% rising to 4%. The government pays 0.2% rising to 1%. From October 2018, therefore, in total 8% will be paid into the scheme

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